Last UpdatedWED., JUNE 28, 2017 - 3:48 PM
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Crowdfunding for court costs

02:00 am
Social media and online fundraising campaigns are becoming new venues to finance litigation.More.

Supreme Court term ended much different than it began03:21 pm

The U.S. Supreme Court began its term nine months ago with Merrick Garland nominated to the bench, Hillary Clinton favored to be the next president, and the court poised to be controlled by Democratic appointees for the first time in 50 years. Things looked very different when the justices wrapped up their work this weekMore.

Judge charged with violating Code of Judicial Conduct03:03 pm

Marilyn Odendahl
A Blackford County judge has been charged with judicial misconduct related to his banning the court clerk from the county courthouse and threatening to arrest and possibly incarcerate her if she even stepped on the sidewalks surrounding the property.More.

State senator faces attorney discipline over handling of estates02:11 pm

A northern Indiana state senator faces a formal attorney discipline complaint that alleges she mishandled an estate she represented. The complaint also seeks discipline for 21 other delinquent estates in which she was attorney of record, some dating back decades.More.

In This Issue

JUNE 28 - JULY 11, 2017
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Crowdfunding websites such as gofundme.com and others are rife with fundraising campaigns for various legal matters, from neighbors fighting to stop approval of a “factory” hog farm in northern Indiana to a federal case in which the NAACP and others seek to expand early voting in Marion County. For lawyers, the key to making rain is relationships. A pilot project from Indiana Legal Services Inc. offers on-the-spot help to small claims defendants.

Top Stories

Treatment seen as antidote for opioid crisis

The Indiana Legislature approved several measures to expand recovery programs and prevent spread of opioid epidemic.More.

New justice known for commitment to service on and off the bench

Soon-to-be Indiana Supreme Court Justice Christopher Michael Goff isn’t a jurist who rules from the bench with little perspective on the lives of those who come before him, his colleagues say. Instead, he’s a judge who is active in his community, working alongside his neighbors to make Wabash County a better place to live.More.

Legal service provider offers residency to law school graduates

The dean of Notre Dame Law School, which participates in the program, says full-scale post-graduation training program would not be economically feasible or necessary.More.

New data reporting law aims to aid anti-recidivism efforts

As Indiana continues its efforts to curb offender recidivism, a new bill set to take effect next month will put more requirements on offender treatment and rehabilitation programs to offer insights into the anti-recidivism methods that work.More.

For lawyers, competency issues differ based on age

When a group of Indiana lawyers was asked who had ever faced age-related discrimination at work, whether for being too young or too old, nearly half the hands in the room went up.More.

Rewrite of business organization laws provides uniformity, clarity

All it took to simplify Indiana’s business organization laws was a 149-page bill.More.

Indiana Legal Services’ pilot project offers on-the-spot help to small claims defendants

The Tenant Assistance Program clinic offers triage services for tenants who have eviction notices and are appearing in court that day.More.

Make rain through relationships

A recent Altman Weil survey found firm leaders are concerned about lawyers’ business development skills.More.

Hall Render health care attorneys jump to smaller Katz & Korin

Fifteen employees, including seven attorneys, are leaving the city’s fifth largest law firm—Hall Render Killian Heath & Lyman—to join a much smaller firm bent on growing its health care and litigation business.More.

Crowdfunding for court costs

Social media and online fundraising campaigns are becoming new venues to finance litigation.More.

Focus

Mills: Updates to Indiana’s Medical Malpractice Act are here

In 2016, the Indiana Legislature made significant changes to Indiana’s Medical Malpractice Act to take effect on July 1, 2017, giving insurance companies and health care providers time to adapt and implement the changes.More.

New laws for 2017

Indiana’s legislators passed more than250 new laws on topics including e-liquid reform, inheritance tax repeals, and overhaul of uniform business organization laws.More.

Scopelitis: HB 1002 balances higher trucking fees, infrastructure help

The trucking industry, a vital part of the state’s economy, had a special interest in House Bill 1002, both because the state looked to the industry to bear a significant share of the funding and because the industry relies on well maintained, free-flowing roads.More.

Opinion

Mental Fitness: Sharing my diagnosis gives other attorneys courage to do same

The fact that publicly sharing a mental health diagnosis is still considered to be such a big deal is unfortunate. I hope people in our profession will realize that the idea that you must hide a mental health diagnosis to have a successful law career is absurd.More.

Hammerle on... 'It Comes at Night,' 'Megan Leavey'

Bob Hammerle says "It Comes at Night" grabs you by the throat.More.

BGD: ‘Disclosure-only’ bank merger lawsuits and Indiana’s solution

An increase in mergers and acquisitions, however, could mean an increase in a recent trend in Indiana and the rest of the country — the “disclosure-only lawsuit.”More.

Bell: 3 things to know when receiving inadvertent disclosures

When you receive an inadvertent disclosure, you need to act.More.

Start Page: Wrapping your head(ers) around footers

Hopefully this article will help you wrap your head around the header and footer tools in Microsoft Word.More.

In Brief

Judge: Krieg DeVault owes ex-partners who sued over compensation

A major Indianapolis law firm must pay three departed partners who sued, a judge has ruled, but it will be up to a judge or jury to determine whether paying the former employees would create a “substantial and material adverse effect” for the law firm partnership, as it has claimed in the case.More.

Special Sections

Indiana Court Decisions – June 7-20, 2017

Read about recent appellate decisions.More.

On The Move

People

Read who's recently joined an Indiana firm, joined a board or honored for their work.More.

Disciplinary Actions

Disciplinary Actions - 6/28/17

Read about recent disciplinary actions.More.

Bar Associations

Nissa's News - 6/28/17

I went to Churchill Downs a couple weeks ago as part of the IndyBar Bench Bar Conference, and I bet on several horse races. But, despite my best efforts, I did not win any cash (this will not come as a shock to anyone who knows my betting skills).More.

IndyBar: ESI Bytes: The Custodian Interview: Humanizing the eDiscovery Process

Because each case is different, companies cannot blast boilerplate requests to an IT department and expect to catch all the data needed to effectively ready themselves for litigation or investigation. Identifying the proper custodians and conducting thorough and focused live interviews are key to both compliance and cost management.More.

IndyBar Frontlines -6/28/17

Read news from around the IndyBar!More.

DTCI: Walking a Mile in His Moccasins

This article will help explain the defense attorney’s “moccasins” when it comes to defending workers’ compensation cases.More.

DTCI: Award Nominations Invited

The Defense Trial Counsel’s Annual Meeting and 50th Anniversary Celebration will be held Nov. 16 and 17 in French Lick. One of the highlights of the meeting is the presentation of the “Defense Lawyer of the Year,” the “Diplomat of the Indiana Defense Trial Counsel,” and the “Outstanding Young Lawyer” awards.More.

DTCI: 2 Hours CLE Credit Offered

Join your DTCI colleagues at the new Tinker House Events center. See the latest addition to downtown Indianapolis while earning 2.0 hours of CLE.More.

DTCI: Women, Wine & Book Discussion

DTCI’s Women in the Law Division is trying something new this year: A one-time Book Club event!More.

Online Extra: Judicial Roundtable 2014

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state's appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana's Bankruptcy Court to discuss their career paths as well as opportunities and challenges today's courts and lawyers face.More.
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Indiana makes gains in permanent placement

The state sees improvement, but aims to do better.More.

Views shift on use of executions

What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.More.

What's next for Indiana's death penalty?

Unlike other states, Indiana has not abolished or suspended use of executions.More.

State death penalty cases averaged 17 years

When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.More.

Prosecutors: money doesn't trump other factors when considering death penalty

At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.More.
Juvenile Justice Juvenile Justice

Tug-of-war

A last-minute change to a bill during the 2009 special session has stripped judges of their discretion regarding juvenile placements out of state by requiring them to get permission from the Department of Child Services. All three branches are reacting.

More.

Escaping execution

Exoneree joins statewide campaign calling for a death-penalty moratorium.More.

Reforms urged to prevent mistakes

Indiana explores what revisions to make to its criminal justice system.More.

Aiming for exoneration

Inmate awaits court hearingMore.

CJ: Most players in appeals acting responsibly

The Indiana chief justice said in an order that he would "smack down" judicial overreaching or overspending.More.

Bose lays off lawyers

Cuts are state's first announced publiclyMore.

Lawyer lands on feet

Attorney's job loss leads to his own legal consulting businessMore.

Mergers: Are we done yet?

2008 could be record year for law firm consolidationMore.

Tough times drive change

Attorneys see evolving legal work caused by economic woesMore.

System delivers injustice

Exonerated face new, old legal hurdles after release.More.

Counties must pay for juvenile facilities

Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.More.

Teens share stories about juvenile justice experience

Two Elkhart County teens say it took incarceration to teach them a lesson.More.

Detaining questions

Funding of youth detention, alternatives draws concern.More.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.
Juvenile Justice Juvenile Justice

Improving a child's access to counsel

A proposed draft rule would change waiver procedures in the juvenile justice system.More.

Early intervention for juveniles

A new law, along with pilot programs, encourage alternatives to keep kids out of courts.More.

The evolution of capital punishment

The Indiana Lawyer takes a historical look at how the death penalty system has evolved during the past 40 years and how Indiana has amended its practices and procedures through the decades.More.

Enduring legal process doesn't change parents' desire for justice

For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.

More.

Mental aspect of capital cases can be challenging

When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.More.

Balancing philosophical with practical concerns regarding death penalty

Indiana Lawyer takes an in-depth look at the death penalty in the "Cost of Justice" series.More.

Recent changes impact state justice system

National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.More.

Clinic argues for man's innocence

the Indiana Supreme Court is considering whether to accept a post-conviction case on an issue some say is an important question of law relating to wrongful convictions.More.

Rising number of exonerees reflects flaws in justice system

Convicts are turning to methods that have freed others who were wrongfully convicted, as well as new issues that continue surfacing in the nation's court system.More.

Teaming up for change

National, local experts meet in Indiana to discuss juvenile justice.More.

Indiana: Better economic climate

State's legal community successfully rising to recession-related challengesMore.

Lawyers challenge imbalance of power

Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.More.

Attorneys squeezing savings

Bar associations offer discounts, cost-cutting options for legal communityMore.

Money woes 'going to get worse'

County courts, prosecutors, public defenders face tight budgetsMore.

Indiana's legal aid in trouble?

3 legal aid providers discuss the economy's effectsMore.

After exoneration

Wrongfully convicted Hoosier settles federal suit for $4.5 million.More.

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.More.

What's next for Indiana's juvenile system?

Indiana lags in statewide reform, but builds on localized successes.More.

'Out of the court's hands'

Lake County teen recognizes she is responsible for future in juvenile system.More.

Motor vehicle accident: Noblesville collision
Patricia Acker and Peter Acker v. Keyna Sanders  More

 

Motor vehicle accident: rear-end collision
Dannis R. Thomas and Luisa Thomas v. Phyllis A. Isenhower More

 

Americans with Disabilities Act discrimination
Kristine R. Rednour v. Wayne Township Fire Department and Wayne Township More

 

 

More Trial Reports

Blogs

How do managing partners manage their social media?

Do you have a LinkedIn account? If you are a managing partner, then you most likely do, although your online presence may be begrudgingly, depending on your age.More.
 


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Opinions June 28, 2017

Indiana Court of Appeals
Joseph Richardson v. State of Indiana (mem. dec.)
49A04-1609-CR-2196
Criminal. Affirms Joseph Richardson’s two convictions of felony child molesting, finding sufficient evidence and that the convictions do not violate the continuing crime doctrine.More.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.